Family law Restraining order going permanent?

Asked almost 2 years ago - Pasadena, CA

IF you at the end of a 3 year restraining order what would it take for the court to reissue it as a permanent restraining order

Attorney answers (4)

  1. Cathleen Elisabeth Norton

    Pro

    Contributor Level 17

    11

    Lawyers agree

    1

    Answered . If there is still a legal basis to keep the restraining order in place, you can have it renewed for either 5 years or permanently. Look on your DV-130 form and make sure you file your request for the renewal 3 months before the expiration of the current restraining order. You will have to go to court, so you may want to hire a family law attorney to assist you.

    At the hearing, you do not need to show any "abuse" since the original restraining order was issued, but you do need to show a reasonable fear of abuse in the future to warrant the renewal. It does not cost anything to do this, but you need to file form DV-700 (Request to Renew Restraining Order) as well as some other documents. The court will set a hearing date, and you need to remember to make sure that either the Sheriff's Department or someone over the age of 18 (other than you) serves the restrained person with a copy of the documents.

    I am including links below which may be of some help. Good luck.

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  2. Maltaise E Cini

    Contributor Level 17

    9

    Lawyers agree

    Answered . You can go in before the restraining order expires to renew it.

  3. Kevin Samuel Sullivan

    Pro

    Contributor Level 20

    7

    Lawyers agree

    Answered . You can ask the court to renew it if you can show with admissible evidence that it should be renewed. You should contact a local lawyer who has handled restraining order applications before.

    Kevin Sullivan
    415-441-1052

  4. Stephen Ross Cohen

    Contributor Level 20

    2

    Lawyers agree

    Answered . Havwe the facts changed signifcantly since the first order was in place? What are the new facts? You really should consult your previous or new attorney.
    Stephen R. Cohen 1-213-819-1171 Los Angeles

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